Bombay High Court Grants Temporary Relief To Anganwadi Workers Apprehending Termination Over New GR Increasing Qualification Criterion

The Bombay High Court has directed the Integrated Child Development Services not to terminate the services of Anganwadi workers based on a government resolution increasing the eligibility criterion for their employment till April 18, 2023.

A division bench of Justices Gautam Patel and Neela Gokhale further ordered that during this period if any vacancies ought to be filled it should be done from the existing cadre based on the old eligibility criteria.

The court was hearing a petition filed by a clutch of Unions challenging the Government Resolution issued on February 2, 2023 that changed the minimum qualifications for the post of an Anganwadi Sevika and mini Anganwadi Sevika from 10th to 12th standard, and for Anganwadi helpers from 7th to 12th standard or grade.

Senior Advocate Gayatri Singh for the Unions argued that the GR eliminates the distinction between the Anganwadi Sevika and Anganwadi helpers altogether in terms of the eligibility. The qualifications are being made applicable retrospectively, she argued.

Singh explained that the GR would result in several Anganwadi workers and helpers losing their jobs which will create vacancies. And instead of promoting the existing employees the vacancies will be filled by direct recruitment, she said.

The senior counsel also pointed out how a two-child policy is being rigidly implemented in the recruitment process.

Observing that the AGP PJ Gavhane would require time to take instructions in the matter, the court granted partial relief till the matter would be heard next on April 18, 2023.

"We cannot prevent the operation of the GR in full. However, until the next date, we direct that the present Anganwadi workers and helpers are not to be removed from their current positions."

The petitioning Unions are Anganwadi Karmachari Sanghatana, Maharashtra Rajya Anganwadi Baiwadi Karmachari Union, Maharashtra Rajya Anganwadi Karmachari Sangh, Maharashtra Rajya Anganwadi Karmachari Sangh and PurvaPrathamik Sevika va Anganwadi KarmachariMahasangh.

“That the enhanced minimum educational qualification prescribed is arbitrary, unjustified, does not serve any valid object, and thus violates Article 14 of the Constitution,” the Unions said.

Case Title: Anganwadi Karmachari Sanghatana & Ors v. State of Maharashtra & Ors

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